Case: Fitgerald v.

Barnstable School Committee (2009)

Facts: In February 2001, Jacqueline Fitzgerald, a kindergarten student told her
parents that an older student on the school bus was bullying her. She told her
parents that it happened on more than one occasion. Jacqueline told her mother
that the student bullied her and would lift up her skirt. The parent immediately
reported the bullying to the principal of her school. The principal did some
investigation but did not find any proof of sexual harassment, even though there
were witnesses who confirmed the incidents. Jacqueline continued to report the
same bullying instances of mistreatment. This time the police did some
investigation but was unable to find evidence to bring criminal charges against the
alleged harasser. Jacqueline continued to report other incidents throughout the year
and each of them was reported to the principal with little to no action by the
principal. On April of 2002, the Fitzgeralds filed a lawsuit against the school district
in federal court alleging violations of both the Title IX of the Education Act
Amendments of 1972 and 42 U.S.C 1983 (Section 1983). Title IX prohibits
discrimination by any educational entity receiving federal finding, while section
1983 protects against deprivation of any rights guaranteed by the Constitution and
federal laws. The district courts dismissed both accounts and the Fitzgeralds
appealed to the U.S. Court of Appeals. The U.S. Court of Appeals compiled with the
District of Massachusetts ruling, stated that five of the following circumstances must
be met for a plaintiff to succeed. The student must prove that (1) the institution
receives federal funding, (2) the school knew about the harassment, (3) severe,
pervasive and objectively offensive harassment occur (4) harassment hinder the
student educational opportunities, and (5) the schools apathy resulted in the
students harassment. The U.S. Court of Appeals concluded that only sections one
through four where violated in the case. Therefore, the case was dismissed. The
case was then taken to the U.S. Supreme Court.

Issues: Title IX and the Equal Protection Clause. Is Title IXs implied private
remedy sufficiently comprehensive to preclude the use of 42 U.S.C Section 1983 to
advance sex discrimination claims against federally funded educational institutions?

Ruling: The Supreme Court ruled 9 votes for Fitzgerald and 0 votes against
Rationale: The Court reinstated the lawsuit filed by the parents under Title IX,
which bars gender discrimination at schools that receive federal funds, and under
Section 1983, a broader civil rights law. Judge Alito of the Supreme Court stated:
The issue in this case of peer-on peer sexual harassment is whether Title IX of the
Education Amendments of 1972, 86 Stat. 373, 20 U.S.C. 1681 (c), precludes an
action under Rev. Stat. 1979, 42 U.S.C. 1983, alleging unconstitutional gender
discrimination in schools. The Court of Appeals held that it does. We reverse. The
Supreme Court reasoned that Title IX was not meant to be the exclusive tool for

addressing gender discrimination in schools, or substitute for actions filed under

section 1983 to enforce constitutional rights. Therefore, the court determined that
previous members of the court could not have intended for the convergence of Title
IX and 42. U.S.C. 1983 claims. The Supreme Court decided that it is permissible to
utilize 42 U.S.C Section 1983 in tandems with Title IX when advancing constitutional
claims.
Conclusion: This court decision is important because it allows for the parents to
sue a school district under the Equal Protection Clause of the Fourteenth
Amendment. As an administrator of a school district, this case demonstrates that
as leaders we must take events such as the one reported by Fitzgerald seriously,
especially when dealing with harmful discrimination. It is important to do diligent
research into such activity and not to ignore issues that are brought to the leaders
attention. The educational leaders of the school district have a great responsibility
of protecting the safety of everyone and they must do everything in their power to
protect the students and staff of their building and district. This case brings safety
of students to the forefront and the importance of responsibility that educational
leaders have. It is important that leaders have knowledge of such cases as this one
to remind them of the importance for protecting everyone and to not take any
situation lightly.